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Jan Lokpal VS Sarkari Lokpal
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Jan Lokpal VS Sarkari Lokpal


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  • 1. My Dear Fellow Indians A decisive battle against corruption has begun. We are not against any political party. We want systemic reforms. We want a corruption-free India. After all, what are the people asking for – a strong anti-corruption law which provides for honest and time-bound investigations and trials that result in jail for the guilty, confiscation of embezzled money and their dismissal from service? Are we asking too much? For two months, we were talking to the government. Government seems unwilling to take even small steps against corruption. Government appears insincere. We have met all prominent political leaders. We have tried everything. What do we do now? When I announced my indefinite fast from 16th August, the government threatened that they would crush us the way they crushed Baba Ramdevs peaceful agitation.Friends, this is a historic opportunity. We cant afford to lose it. We are determined to fight to the end. If theyarrest us, we will peacefully offer ourselves. If they use batons and bullets, we will happily lay down our livesbut will not leave the place. We will not retaliate. It will be a completely non-violent movement.“If you fast on 16th August, you will be crushed” – this is what they are saying. “We will impose section 144 onJantar Mantar” – this is what they are thinking. But I say that if every citizen in this country takes off from hiswork from 16th August, comes on the streets in front of his house, at the crossing, with a tricolor in his handsshouting “Bharat Mata ki Jai” and raising slogans against corruption, they will fall short of batons and bullets.The government may arrest one Anna Hazare but how will they arrest 120 crore Anna Hazares? They mayimpose section 144 at one Jantar Mantar but will they impose section 144 on the whole country?And let me tell you – the police and army is with us. At traffic signals, policemen stop us, express their supportand wish us well; at Raj Ghat, the policemen donated generously for the movement! thSo, will you take off from your work from 16 August? Will you descend on the streets with me?This year, the country will wait for 16th rather than 15th August.In solidarity,Anna Hazare (Please make copies of this pamphlet and distribute it in large nos.)
  • 2. “GOVERNMENTS LOKPAL IS DANGEROUS” Governments Lokpal is targeted against those who raise their voice rather than to punish the corrupt!The governments Lokpal bill covers about 0.5% of receive government funding or not, up to the villagepublic servants, yet it brings under its ambit virtually level! For instance, consider a group of citizens thatevery citizens group and organization, registered or unearths corruption of the Sarpanch and Blockunregistered, meant to serve the social sector. This Development officer (BDO) in a village. Theraises a pertinent question -- whom is the Lokpal really governments Lokpal cant take any action against thetargeted at? Sarpanch or BDO but it can lock up the group of activeThere are more than 1.25 crore central and state citizens. Each and every association, like Residentgovernment employees. Out of this merely 65,000 Welfare Associations, Market Associations, even yourGroup A Central Government employees would be neighbourhood committees that organize festivals likecovered in the government bill leaving out all the lower Durga Puja, Ramlila, etc. would be under the purviewofficers and staff. This effectively means that there is of remedy against corruption that a common person While there is no disagreement that the rot offaces daily in police, roads, industry, licensing, corruption is also afflicting many societies, associationstransport, roadways, municipality, rations, health and NGOs, there already exists a plethora of laws likeservices, education, pension, provident funds, the Trust Act, Societies Act, FCRA, etc. to monitorPanchayat, forest department, irrigation department, them. Lokpal was originally intended for checkingetc. corruption in public servants. Regardless, if it is beingOn the other hand, Lokpal would have jurisdiction over extended to all associations of civil society, then whyall NGOs, trusts, societies like RWAs, big or small, shouldnt it also cover all companies, businesses,whether registered or unregistered, whether they political parties, and media houses?Governments Lokpal Provides Greater Protection to Corrupt!Provisions in the governments Lokpal Bill heavily favour corrupt public servants. Under this bill, a public servantaccused of corruption is allowed to turn around and file a lawsuit against the complainant accusing him of filing afrivolous complaint. The government will provide a free advocate to the accused to help prove the citizen waswrong, while the citizen has to fend for himself. If the complaint proves to be frivolous, the minimum sentence forthe citizen is two years. But if the corruption charges are proved, the minimum sentence for the public servant is justsix months!Will then any citizen dare raise a voice against corruption?
  • 3. Governments Draft Anna Hazares Jan LokpalCorruption of If the PM is involved in corruption, then CBI Lokpal, which is an independent body, wouldPrime would investigate, not the Lokpal. investigate PM.Minister (CBI directly comes under PM. How will CBI (If govt.s doesnt want PMs corruption to be investigate its own boss?) investigated, let them amend constitution upfront rather than making a pretense of investigations by CBI.)Corruption A committee of three judges from same A seven member bench of Lokpal will givewithin court will give permission for investigation permission after an open hearing.Judiciary against the accused judge. (How will judges from the same court give permission to investigate their colleague judge?) If a MP votes or puts up a question in The investigation would be done by an independentCorruption of parliament in return for a bribe, then Lokpal.Mps he/she could be investigated by a committee of other MPs as is the present system. (In the past 62 years, many instances of MPs taking bribe have surfaced but not even a single instance has been honestly investigated nor any MP sent to jail.) Every department will declare its citizen If the citizen charter is violated, then the Lokpal charter specifying work to be done, the would penalize the concerned officers, and the officer responsible, and time required. penalty would go to the complainant asCorruption However, it doesnt state what happens in compensationFaced by the case of dereliction of duty.Common (Today, any work like license, ration card,Citizen business permits, etc. in a government department requires the citizen to pay a bribe. Why will the department change from this modus operandi when there are no penalties for non-performance?) 1. In a ten-member Selection Committee, 1. Selection Committee would comprise of two six are politicians, of which five will be politicians, four judges and head of twoSelection of from the ruling party. (This kind of independent constitutional authorities.Lokpal system will increase the probability 2. The Search Committee would comprise of civil that a corrupt persons and those society members and retired constitutional favorable to ruling party are finally authorities. selected.) 3. A detailed selection process has been 2. Selection process will be decided by described, which would be transparent and Selection Committee. have peoples participation.
  • 4. Governments Draft Anna Hazares Jan Lokpal Accountability The members of Lokpal would be The accountability of the Lokpal members would be of Lokpal accountable to the government. Only to the public. Any citizen can file a petition in the Members government can file a petition in the Supreme Court for removal of a corrupt Lokpal Supreme Court for their removal. member.Corruption The members of Lokpal would be The accountability of the Lokpal members would bewithin Lokpal accountable to the government. Only to the public. Any citizen can file a petition in theStaff government can file a petition in the Supreme Court for removal of a corrupt Lokpal Supreme Court for their removal. member. Only group A officers of the Central All the employees of Central Government will be Government would come under the under Lokpals ambit. On similar patterns of Lokpal Jurisdiction of jurisdiction of Lokpal, while the lower level , Lokayaukta will be set up at state level and all the Lokpal officers and the state employees would be employees of state government will be under its left out. (So where would the common ambit. citizen go to complain about corruption in licensing, Panchayat, Schools, Hospitals, rations, etc.?) The CVC is responsible of protecting the It should be Lokpals responsibility to protect theWhistleblowers whistleblowers. However, the CVC neither whistleblowers. The Lokpal has been given sufficientProtection has the capacity nor the legal powers powers for the same. required to protect whistleblowers. The power to remove officers lies with the The decision to remove a corrupt officer lies with aRemoval of minister of that particular department. bench of Lokpal members which would hear suchCorrupt (Since the minister also gets a cut out of cases in public.Officers the money that is taken as bribe, corrupt officers are rewarded rather than punished) Punishment Maximum punishment for corruption is 10 The maximum sentence is life imprisonment. for Corruption years. Officers senior in rank would attract stiffer punishment.